NEW INDIA ASSURANCE COMPANY Vs. M.RAJKUMAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 18.10.2010 made in M.C.O.P.No.749 of 2008, on the file of Motor Accident Claims Tribunal, Sub Court, Poonamallee.

(2.) The appellant-Insurance Company is 2nd respondent in M.C.O.P.No.749 of 2008, on the file of Motor Accident Claims Tribunal, Sub Court, Poonamallee. The 1st respondent filed the said claim petition, claiming a sum of Rs.2,50,000/- as compensation for the injuries sustained by him in the accident that took place on 08.11.2008. The Tribunal, considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent riding by the rider of the two wheeler belonging to the 2nd respondent and directed the appellant-Insurance Company to pay a sum of Rs.99,000/- as compensation to the 1st respondent/claimant. Challenging the said award dated 18.10.2010 made in M.C.O.P.No.749 of 2008, the appellant-Insurance Company has come out with the present appeal.

(3.) The learned counsel appearing for the appellant-Insurance Company contended that the motorcycle belonging to 2nd respondent was not involved in the accident. The Tribunal failed to appreciate the oral and documentary evidence let in by the appellant to prove that the motorcycle belonging to 2nd respondent was not involved in the accident. The 2nd respondent, owner of the motorcycle has given a letter Ex.R1 wherein he has stated that his vehicle was not involved in the accident and at request of the 1st respondent and connivance of police the F.I.R. was registered. The Tribunal failed to see that F.I.R was registered after 5 days of accident and delay in lodging the complaint was not explained by the 1st respondent. The respondents have played fraud on Tribunal. The amount awarded by the Tribunal is excessive and prayed for setting aside the award of the Tribunal.